(영문) 광주지방법원 2016.01.28 2015고단1228

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(영문) 광주지방법원 2016.01.28 2015고단1228

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 12, 2015, the Defendant: (a) around 23:50, at the house of the victim D (the other, the other, the 106 Dong 418) on the Seo-gu apartment, Seo-gu, Gwangju, and the victim D (the other, the other, the 31 year old) on the ground that the victim did not comply with the solicitation that “I will drink this alcoholic beverage only,” and (b) caused the victim to be faced with the illness on the ground that he did not comply with the solicitation that “I will drink this alcoholic beverage,” and continued to drink the eye of the body of the victim on the part of drinking, and caused the victim to undergo approximately two weeks of treatment on the face of the victim on the part of drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of each statement in the suspect examination protocol against the defendant or D by the public prosecutor;

1. Each report on investigation;

1. A written diagnosis of injury;

1. The Defendant alleged to the effect that it constitutes a legitimate defense, inasmuch as he suffered an injury by the injured party during the process of making an unjust attack against the injured party, he/she unilaterally committed an unlawful attack and the other party uses tangible force as a means of resistance to protect himself/herself from such attack and escape from it, unless it is deemed that such an act is a new affirmative attack, it is reasonable in light of the social concept and thus illegal (see, e.g., Supreme Court Decision 2009Do12958, Feb. 11, 2010). In full view of the circumstances acknowledged by the evidence duly adopted and investigated by the court, the situation at the time of the crime of this case, and the damaged parts and degree, etc. of the injured party, the Defendant committed an act against the injured party as an affirmative attack against the injured party.

It is reasonable to see that the above act by the defendant as above is merely a means of resistance and it is difficult to see that such act is merely a case where the power is exercised.

Therefore, the defendant's act does not constitute a legitimate defense or a justifiable act.

참조판례

-대법원 2010. 2. 11. 선고 2009도12958 판결

유사 판례

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